Angels Camp Municipal Code Art. 2 APPROVED PLANS : Attached

ARTICLE 3 - CHARGES AND CONNECTION FEES : All parcels served by these improvements, upon application for sewerage service, shall be subject to those charges and fees as established by the City and in effect at the time. ARTICLE 4 - BEGINNING OF WORK : Developer shall cause construction of the improvements to commence within six months from the date of this Agreement and shall cause completion of work within __________ months from the date of this Agreement. ARTICLE 5 - CONSTRUCTION : Except as otherwise specified in Article 3 of this Agreement, Developer shall cause the improvements to be constructed by a properly licensed contractor, without expense to City, and City shall not be responsible for any of the cost of said sewerage system or for the performance or nonperformance of the work of construction of said sewerage systems, and the Developer shall hold City free and harmless from any claim or liability resulting from or arising out of the construction work. The Developer is not acting as a contractor, agent, official or representative of City in constructing or providing such improvements or associated facilities or in causing such system and facilities to be installed. This Agreement simply provides for the transfer and assumption of responsibility for such improvements and facilities upon performance of all terms of this Agreement. The approval of the plans and specifications as presented by. Developer shall not be deemed as warranty or guarantee by City of proper design or proper specifications of materials or construction. City specifically relies upon the design and specifications as prepared as being in accordance with the conditions of the geography and as having specific materials and equipment of the highest practicable quality and character. ARTICLE 6 - NOTIFICATION OF DEVIATIONS OR FAILURES : City agrees to notify Developer in writing as to any deviations or failure in construction of the improvements pursuant to said plans and specification and requirements of said City as soon as any deviation is brought to City’s attention, and Developer shall immediately cause such deviation or failure to be corrected at the sole cost of Developer. City is not by inspection of the construction or installation of the subject facilities representing Developer or providing a substitute for inspection and control of the work by Developer. Any inspections and observations of the work by City are for the sole purposes of providing notice of the stage and character of the work. The failure of the City to note variances from the plans and specifications for the project does not excuse or exempt Developer from complying with all terms of these plans and specifications ARTICLE 7 - CONVEYANCE : Upon completion of the system in a manner meeting City’s approval, Developer shall immediately convey said sewerage system and title thereto free and clear from all liens, encumbrances and expense to City by such conveyances and documents as deemed necessary by City, together with the following:

1.	A signed statement offering the improvements for dedication to the City. The statement shall be prepared by Developer and shall read as follows:
DEDICATION	DEDICATION
TO:	The City of Angels
	_____________________________ Angels Camp, California 95222
I/We hereby offer to convey, transfer and dedicate all right, title and interest in and to that certain sewerage system and appurtenances more particularly described in Exhibit "A" attached to the agreement by and between the City of Angels and , dated a copy of which is on file in the City Hall located in Angels Camp, California; to the City of Angels assuring and warranting to said City that the improvements are free and clear of all liens, encumbrances and other expense.
	Dated: ________, 19
	DEVELOPER:
	BY ______________________________
	BY ______________________________
2.	One set of 24 inch by 36 inch reproducible "As Built" drawings on Mylar, of the facilities’ construction.
3.	All easements and rights-of-way required by City.
4.	Developer shall furnish a bond or other form of surety meeting City’s approval in an amount of not less than 20% of construction cost of the improvements, protecting the City against any failure of the work due to faulty materials, poor workmanship, or defective equipment within a period of one year after acceptance of the improvement by City (said bond shall name Developer as principal and City as Obligee), upon approving the work in writing, shall accept conveyance of title of said sewerage system and include said system into its overall sewerage system and shall operate, maintain and repair said system.
ARTICLE 8 - APPLICATION FOR SEWERAGE SERVICE : No sewage shall be delivered to or conveyed by or through any sewerage improvements, other than for testing purposes, until said sewerage system improvements are conveyed to City, formally accepted by City and proper applications for sewage service having been filed with City and accepted.
ARTICLE 9 - OBLIGATIONS FOR PIPELINE AND/OR FACILITIES : City shall be under no obligation to provide additional pipelines and/or facilities in order to serve Developer’s project. Upon acceptance of the sewerage system by City, it shall become the sole property of City and shall be used and operated at City’s sole discretion.
ARTICLE 10 - RULES AND REGULATIONS : Upon the system being accepted by City, Developer together with his heirs, successors and assigns, shall be subject to and shall comply with all of the rules and regulations of City and shall pay the fees, rates, tolls and charges and standby charges as may be levied and/or established by The City Council from time to time.
ARTICLE 11 - ASSIGNMENT : No transfer or assignment may be made by Developer of this Agreement of any part or interest of law, unless such transfer or assignment is approved in writing by the City. In the event of such transfer or assignment, City may at its sole option and in addition to any other remedy that it may have, elect to terminate this Agreement.
ARTICLE 12 - TERMINATION : This Agreement shall terminate and be of no further force and effect at City’s discretion if City determines that construction of the improvements have not commenced within six (6) months from the date of this Agreement.
ARTICLE 13 - NOTICES : The mailing address of City and Applicant for purposes of giving any notice required pursuant to this agreement are as follows:
	CITY:
	_______________________________________
	_______________________________________
	_______________________________________
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
	CITY OF ANGELS:
	BY ___________________________________
	Mayor
	BY ___________________________________
	City Clerk
	DEVELOPER:
	BY ___________________________________
	______________________________________
	Title

(Ord. 250 § 7.19, 1981)